Law Office of Rob McKinney
Nashville Criminal and DUI Defense Attorney
Call Today
615-686-2115 / 866-603-2842
Rob McKinney

Visit Our Video Center

Criminal Defense Nashville TN Attorney Intro 615-686-2115 Nashville TN Criminal defense attorney Rob McKinney has over 16 years experience handling all types of criminal cases including first degree murder cases, DUI cases and even shoplifting cases.

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Practice Areas Menu

Nashville DUI/DWI Law Blog

Truck driver facing DUI charges failed field sobriety tests

The trucking industry is highly regulated, and one way that those regulations are enforced is through the use of weigh stations situated along the highways of the country. Many people are under the impression that all they do at these stations is weigh the trucks. However, the officers who staff these stations are also checking to ensure that the trucks are in good working order and that the drivers are unimpaired. For example, a trucker was recently arrested for being impaired after the administration of field sobriety tests conducted at a weigh station here in Tennessee.

The 25-year-old trucker stopped at an open weigh station on Interstate 81 recently. Officials there determined that his truck was longer than it should have been. When the truck driver was questioned, he was suspected of being impaired.

The differences between types of blood alcohol tests

When a Tennessee resident is suspected of driving under the influence of alcohol, it is necessary to ascertain the level of alcohol the individual has in his or her system at the time. Anyone with a blood alcohol level of .08 percent or above is considered to be legally intoxicated. Three different blood alcohol tests can be used to determine whether an individual is drunk -- they are the breath test, blood test and urine test.

Most police officers perform breath tests, since the units required are portable and provide instant results. The machines measure the amount of alcohol filtered through the alveoli air sacs, which are located in the lungs, which then exits the body through a person's breath. These tests might be sufficient to be used as evidence of intoxication in court, but they can also be inaccurate. Various substances, such as glue or paint thinner in the environment or a person's diet, can skew the test results. Furthermore, the machine does not differentiate between people, and inaccurate readings can occur due to the averaging of test results. 

Trucker charged with 6 counts of vehicular homicide in 2015 crash

In June 2015, at least one tractor-trailer was involved in an eight-vehicle crash in a construction zone on a Tennessee highway. Six people lost their lives and 18 others suffered a variety of injuries. The driver of the tractor-trailer was taken into custody on charges that include six counts of vehicular homicide.

The trucker was also accused of driving under the influence of drugs and speeding at the time of the crash. Reports from law enforcement officials who investigated the crash indicated that the truck driver used methamphetamine prior to getting behind the wheel of the big rig. In 2015, he was indicted by a grand jury based on the evidence presented by prosecutors involved in the case.

If you are facing sexual assault charges, contact an attorney now

Being accused of a crime can be frightening for any Tennessee resident. The penalties associated with many crimes such as sexual assault can be severe and alter your life forever. If you are facing sexual assault charges, contact an attorney right away.

Sexual assault includes crimes such as rape and sexual abuse. Anyone convicted of such crimes could be incarcerated and ordered to pay restitution and/or fines. However, serving the time and making payments is far from the end of how such a conviction can change your life and how you live it.

Penalties for child pornography can be severe, know your rights!

As the internet grew, law enforcement agencies here in Tennessee and elsewhere developed cyber crime divisions in order to police it. New laws were passed to make certain online activities illegal. The penalties for many of these new crimes such as viewing child pornography online can be severe.

What some law enforcement agencies fail to take into account is that some pornographic material, including child pornography, can end up on a person's computer without the individual even viewing it. Attorneys who represent people accused of viewing such images on the internet often call in computer and internet specialists to determine how the material ended up on the individual's computer, when it was downloaded and when the material was deleted. Specialists will also work to determine whether any other person had access to the computer.

Changes to underage DUI charges repealed

Young adults and their families need to be aware of a recent change in the state's underage drunk driving laws. In July, a law went into effect here in Tennessee that raised the blood alcohol content (BAC) for underage drivers (mainly those ages 18 to 20) to .08, along with the potential penalties for those facing underage DUI charges. That law jeopardized the state's receipt of nearly $60 million in federal funding because it was in direct conflict with current federal zero-tolerance standards.

That $60 million represents approximately eight percent of the federal funding the state receives for roadwork. Therefore, mere months after the law went into effect, Tennessee lawmakers voted to repeal the change. This means that the former BAC for underage drivers is once again .02.

Not all sexual assault allegations are true

Instances of inappropriate behavior on college and university campuses have been making news lately. Many schools are having to answer for an atmosphere that supposedly fails to protect their students from sexual assault. A recent claim, however, brings to light another side to the story that advocates fail to talk to about -- false claims.

The East Tennessee State University's Department of Public Safety recently received a complaint from a female student that a male student with whom she was acquainted had sexually assaulted her. The alleged attack supposedly took place on Sept. 14 in one of the university's buildings where classes take place. Later, the female student recanted her story and admitted that the assault never took place.

Tennessee woman sentenced on 2 counts of vehicular homicide

On May 22, 2015, an SUV was headed eastbound on the East Lamar Alexander Parkway. It then crossed over into the westbound lanes and struck four motorcycles. Two people died and four others suffered a variety of injuries. The Tennessee woman driving the SUV on that day was recently sentenced to a total of 17 years in prison on two counts of vehicular homicide and other charges that were part of a plea agreement reached through negotiations between her criminal defense counsel and prosecutors.

Reportedly, the Tennessee woman was under the influence of marijuana, a sedative and other drugs on the day of the accident. Victims and their family members testified at the woman's sentencing hearing about the newlyweds who were killed and the trauma suffered by the other victims and how it affects them and their families daily. Thereafter, the judge sentenced the woman to 8.5 years in prison for each of the two deaths, which sentences will run consecutively (back to back). The sentences for the other charges will run concurrently (at the same time) as those sentences.

School bus driver's livelihood in jeopardy after DUI charges

When a Tennessee resident is arrested on suspicion of driving under the influence, it is more than his or her freedom that is at stake. Many people's employment requires them to drive. Facing DUI charges is sometimes enough to put that person's livelihood in jeopardy.

For example, a man who drives school buses for four of a Tennessee county's 23 routes was recently arrested on suspicion of driving under the influence and having an open alcohol container in his vehicle. The school board of the county in which he works suspended him pending an investigation into the charges. Not only does the man contract with the school system, but he and his wife own the company with which the contract was made.

Judge modifies sentence after criminal trial in Tennessee

In certain circumstances, a person convicted of a crime in Tennessee may request that his or her criminal record be expunged. The possibility was recently granted to a former school teacher when the judge who had presided at her criminal trial reconvened to announce he wanted to modify her sentence. A prosecuting attorney later stated that he personally objected to the judge's decision to modify.

The situation involved a 46-year-old former first grade school teacher. She was convicted of having sexual relations with a minor student from a high school in the same area where she was employed at the time. However, the student said he met the teacher outside the scope of her work in the school district.